In January 2007, The New York Times headlined "Military Expands Intelligence Role in US," saying:

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Pentagon officials use NSLs to spy on Americans. It's part of their "aggressive" domestic intelligence gathering efforts. The CIA and FBI do the same thing. On request, they can get virtually any private information they request.

After The New York Times disclosure, EFF sought Pentagon records. In October 2007, the Department of Defense began producing them.

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Since filing FOIA litigation, EFF obtained thousands of documents. They reveal egregious government abuses of power.

Since NSL authority was first enacted, "the FBI issued hundreds of thousands of such letters seeking private telecommunications and financial records of Americans without any prior approval from courts."